Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Co-operatives National Law (ACT)
Act 2017
A2017-8
Republication No 5
Effective: 6 December 2025
Republication date: 6 December 2025
Last amendment made by A2025-29
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Co-operatives National Law (ACT) Act 2017 (including any
amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on
6 December 2025. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 6 December 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Australian Capital Territory
Co-operatives National Law (ACT)
Act 2017
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Terms used in Co-operatives National Law (ACT) 2
5 Notes 2
6 Offences against Act—application of Criminal Code etc 3
Part 2 Application of Co-operatives National Law
and Co-operatives National Regulations
7 Application of Co-operatives National Law and Co-operatives National
Regulations 4
8 Exclusion of Legislation Act 5
Section 1 - Co-operatives National Law (ACT) Act 2017 - Co-operatives National Law (ACT) Act 2017 | Zoe
Contents
Page
contents 2 Co-operatives National Law (ACT) Act 2017
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Part 3 Some matters referred to in Co-operatives
National Law (ACT)
9 Meaning of certain terms in Co-operatives National Law (ACT) 7
10 Corporations application legislation—the Law, s 4 7
11 Designated authority—the Law, s 4 7
12 Designated instrument—the Law, s 4 8
13 Designated tribunal—the Law, s 4 11
14 Shares compulsorily acquired—the Law, s 436 12
15 Deregistration—the Law, s 453 12
16 Costs of inquiry—the Law, s 530 13
17 Secrecy—the Law, s 537 13
18 Pecuniary penalty orders—the Law, s 556 14
19 Registrar of Co-operatives—the Law, s 595 14
20 Protection of officials from liability—the Law, s 595 14
21 Stamp duty on transfer—the Law, s 620 15
22 Registration fees—the Law, s 620 16
Part 4 Application of Corporations Act
23 Definitions—pt 4 17
24 Provisions to which this part applies 17
25 Effect of declaratory provisions 18
26 Modifications to applied Corporations law 19
27 Conferral of functions on ASIC 20
28 Conferral of functions on ACT courts 20
29 Implied application of regulations and other provisions of Corporations
legislation 21
30 Proceedings for offences 21
31 Application of Corporations legislation by other means 22
Part 5 Miscellaneous
32 Rules of co-operatives formed to carry on club may restrict voting
rights 23
33 Proceeding for offences 23
34 Proceeding for recovery of fines or penalties under co-operatives rules 24
35 Regulation-making power—local regulations 24
Contents
Page
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Schedule 1 Modifications—Co-operatives National Law 26
Dictionary 31
Endnotes
1 About the endnotes 33
2 Abbreviation key 33
3 Legislation history 34
4 Amendment history 35
5 Earlier republications 36
6 Expired transitional or validating provisions 37
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Australian Capital Territory
Co-operatives National Law (ACT)
Act 2017
An Act to apply a national law relating to co-operatives, and for other purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Co-operatives National Law (ACT) Act 2017.
3 Dictionary
(1) The dictionary at the end of this Act is part of this Act.
(2) A definition in the dictionary applies to the local application
provisions of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere in this Act.
For example, the signpost definition ‘local regulations—see section 35.’
means that the term ‘local regulations’ is defined in that section and the
definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears
(see Legislation Act, s 155 and s 156 (1)).
4 Terms used in Co-operatives National Law (ACT)
Terms used in the local application provisions of this Act and also in
the Co-operatives National Law (ACT) have the same meanings in
those provisions as they have in the Co-operatives National
Law (ACT).
Note A definition in an Act applies except so far as the contrary intention
appears (see Legislation Act, s 155).
5 Notes
A note included in the local application provisions of this Act is
explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Preliminary Part 1
Section 6
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6 Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act
(see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Part 2 Application of Co-operatives National Law and Co-operatives National
Regulations
Section 7
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Part 2 Application of Co-operatives
National Law and Co-operatives
National Regulations
7 Application of Co-operatives National Law and
Co-operatives National Regulations
(1) Subject to this section, the Co-operatives National Law, as in force
from time to time, set out in the appendix to the NSW Act—
(a) applies as a territory law, as modified by schedule 1; and
(b) as so applying may be referred to as the Co-operatives National
Law (ACT); and
(c) so applies as if it were part of this Act.
(2) A law that amends the Co-operatives National Law set out in the
appendix to the NSW Act and is passed by the New South Wales
Parliament after this Act’s notification day must be presented to the
Legislative Assembly not later than 6 sitting days after the day it is
passed.
(3) The amending law may be disallowed by the Legislative Assembly in
the same way, and within the same period, that a disallowable
instrument may be disallowed.
Note See the Legislation Act, s 65 (Disallowance by resolution of Assembly).
(4) If the amending law is not presented to the Legislative Assembly in
accordance with subsection (2), or is disallowed under subsection (3),
the Co-operatives National Law applying under subsection (1) is
taken—
(a) not to include the amendments made by the amending law; and
(b) to include any provision repealed or amended by the amending
law as if the amending law had not been made.
Application of Co-operatives National Law and Co-operatives National
Regulations
Part 2
Section 8
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(5) The Co-operatives National Regulations, as in force from time to
time—
(a) apply as Co-operatives National Regulations in force under the
Co-operatives National Law (ACT), as modified by local
regulations; and
(b) as so applying may be referred to as the Co-operatives National
Regulation (ACT).
(6) In this section:
NSW Act means the Co-operatives (Adoption of National Law)
Act 2012 (NSW).
8 Exclusion of Legislation Act
(1) The Legislation Act does not apply to the Co-operatives National
Law (ACT).
(2) However, the Legislation Act, chapter 7 (Presentation, amendment
and disallowance of subordinate laws and disallowable instruments)
applies to the Co-operatives National Regulation (ACT) as if—
(a) a reference to a subordinate law were a reference to the
Co-operatives National Regulations; and
(b) a reference to ‘notification day’ in the Legislation Act,
section 64 (Presentation of subordinate laws and disallowable
instruments) were a reference to ‘published’ as mentioned in the
Co-operatives National Law (ACT), section 614 (1)
(Publication and commencement of National Regulations); and
(c) any other necessary changes were made.
Part 2 Application of Co-operatives National Law and Co-operatives National
Regulations
Section 8
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(3) Also, the Legislation Act, part 6.3 (Making of certain statutory
instruments about fees) and chapter 7 (Presentation, amendment and
disallowance of subordinate laws and disallowable instruments)
apply to the provisions of the Co-operatives National Law (ACT)
modified by the following:
(a) schedule 1, modifications 1.1A to 1.1E;
(b) schedule 1, modification 1.5A;
(c) schedule 1, modifications 1.5C and 1.5D;
(d) schedule 1, modification 1.12A;
(e) schedule 1, modifications 1.15 and 1.16.
(4) This section does not limit the application of the Legislation Act to
the local application provisions of this Act.
Some matters referred to in Co-operatives National Law (ACT) Part 3
Section 9
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Part 3 Some matters referred to in
Co-operatives National Law
(ACT)
9 Meaning of certain terms in Co-operatives National Law
(ACT)
In the Co-operatives National Law (ACT):
police officer means a police officer.
Note The Legislation Act, dictionary, pt 1 defines police officer as a member
or special member of the Australian Federal Police.
public sector official means a public employee.
Note Public employee means a public servant, a person employed by a territory
instrumentality or a statutory office-holder or a person employed by a
statutory office-holder (see Legislation Act, dict, pt 1).
Registrar means the Registrar of Co-operatives designated under
section 19 (Registrar of Co-operatives—the Law, s 595).
this jurisdiction means the ACT.
10 Corporations application legislation—the Law, s 4
The Corporations application legislation for the ACT is this Act,
part 4 (Application of Corporations Act).
11 Designated authority—the Law, s 4
(1) The Registrar is the designated authority for the following provisions
of the Co-operatives National Law (ACT):
(a) section 15 (Modifications to applied provisions);
(b) section 492 (Appointment of inspectors);
(c) section 494 (Inspector’s identity card);
(d) section 520 (Appointment of investigators);
Part 3 Some matters referred to in Co-operatives National Law (ACT)
Section 12
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(e) section 601 (Inspection of register of co-operatives);
(f) section 622 (Approval of forms).
(2) A magistrate is the designated authority for the following provisions
of the Co-operatives National Law (ACT):
(a) section 504 (Warrants);
(b) section 505 (Warrants—applications made otherwise than in
person).
12 Designated instrument—the Law, s 4
(1) The designated instrument for a provision of the Co-operatives
National Law (ACT) mentioned in an item in table 12, column 2, for
the case mentioned in column 4, is the instrument mentioned in
column 5 for the item and case.
Table 12 Designated instruments
column 1
item
column 2
section
column 3
description
column 4
case
column 5
designated
instrument
1 33 (1) certificate of registration all cases notifiable
instrument
2 35 (5) exemption from special postal
ballot for amendment of rules of
conversion
individual
co-operative
written order
class of
co-operatives
notifiable
instrument
3 60 (2) specifying rule amendments
requiring prior approval by
Registrar
all cases notifiable
instrument
4 71 (1) exemption from requirements of
pt 2.4, div 2
individual
co-operative
written order
class of
co-operatives
notifiable
instrument
Some matters referred to in Co-operatives National Law (ACT) Part 3
Section 12
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column 1
item
column 2
section
column 3
description
column 4
case
column 5
designated
instrument
5 92 (6) exemption from complying with
disclosure direction
all cases written order
6 171 (1) exemption from requirements of
pt 2.6, div 5
individual
co-operative
written order
class of
co-operatives
notifiable
instrument
7 221 (1) approval of omission of ‘Limited’
or ‘Ltd’ from name
all cases notifiable
instrument
8 226 (6) exemption from requirement to
display location notice
individual
small
co-operative
written order
all small
co-operatives
notifiable
instrument
class of
co-operatives
notifiable
instrument
9 316 (1) exemption for individual
co-operative from accounting and
auditing provisions
all cases written order
10 317 (1) exemption for class of
co-operatives from accounting
and auditing provisions
all cases notifiable
instrument
11 319 (1) exemption for non-auditor
members and former members of
audit firms, and former
employees of audit companies
from accounting and auditing
provisions
all cases notifiable
instrument
12 320 (1) exemption for classes of
non-auditor members etc from
accounting and auditing
provisions
all cases notifiable
instrument
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Section 12
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column 1
item
column 2
section
column 3
description
column 4
case
column 5
designated
instrument
13 322 (1) exemption from National
Regulations made under pt 3.3
all cases notifiable
instrument
14 338 (6) exemption from compliance with
s 338
individual
co-operative
written order
class of
co-operatives
notifiable
instrument
15 343 (10) exemption from compliance with
s 343
individual
co-operative
written order
class of
co-operatives
notifiable
instrument
16 359 (3) exemption from compliance with
s 359 or s 248
all cases written order
17 363 (2) stating maximum greater than
20% of nominal value of issued
share capital
individual
co-operative
written order
class of
co-operatives
notifiable
instrument
18 372 (1) exemption of person or class of
persons from the operation of
pt 3.5, div 1
all cases notifiable
instrument
19 380 (1) exemption from compliance with
pt 3.5, div 2 or s 248
all cases written order
20 397 (4) exemption from compliance with
s 397
all cases written order
21 401 (7) notification by Registrar of date
of effect of transfer of
engagements between
co-operatives
all cases notifiable
instrument
22 404 (4) exemption from compliance with
s 404 or s 248
all cases written order
23 443 (5) liquidator’s notice of appointment all cases written
notice
Some matters referred to in Co-operatives National Law (ACT) Part 3
Section 13
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column 1
item
column 2
section
column 3
description
column 4
case
column 5
designated
instrument
24 445 (3) exemption from compliance with
s 445 or s 248
individual
co-operative
written order
class of
co-operatives
notifiable
instrument
25 607 (3) Registrar's approval individual
co-operative
or person
written order
class of
co-operatives
or persons
notifiable
instrument
(2) In this section:
notifiable instrument means a notifiable instrument in the approved
form.
written notice means a written notice in the approved form.
written order means a written order in the approved form.
13 Designated tribunal—the Law, s 4
(1) The designated tribunal for the Co-operatives National Law (ACT)
is—
(a) for part 7.3 (Appeals and review) of the Law—the ACAT; or
(b) for any other provision of the Law—the Magistrates Court.
(2) In a proceeding under this Act in which the Magistrates Court is the
designated tribunal, the Magistrates Court may, on its own initiative
or on application by a party to the proceeding—
(a) transfer the proceeding to the Supreme Court on the ground that
the proceeding raises a complex question or matter of general
importance; or
Part 3 Some matters referred to in Co-operatives National Law (ACT)
Section 14
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(b) reserve a question of law for determination by the Supreme
Court.
(3) If a proceeding has been transferred to the Supreme Court under
subsection (2) (a), the proceeding may be continued and completed
as if steps taken in the proceeding prior to the transfer had been taken
in the Supreme Court.
14 Shares compulsorily acquired—the Law, s 436
For the Co-operatives National Law (ACT), section 436 (3) (b) (ii),
the Corporations Act, section 1341 (1) and (2) (Entitlement to
unclaimed property) are taken to be omitted and substituted by the
following subsections and note:
‘(1) If unclaimed property is an amount of money, the amount must
be paid to the public trustee and guardian.
Note A person who claims to be entitled to an amount paid to the public
trustee and guardian under this section may apply to the public
trustee for payment of the amount (see Unclaimed Money
Act 1950, pt 5).
(2) If unclaimed property has been sold or disposed of under
section 1339 (2), the amount of the proceeds must be paid to the
public trustee and guardian.’
15 Deregistration—the Law, s 453
(1) For the Co-operatives National Law (ACT), section 453 (d)
(Application of Corporations Act—deregistration), a reference to the
Commonwealth in any of the following sections of the
Corporations Act is taken to be a reference to the Territory:
(a) section 601AD (Effect of deregistration);
(b) section 601AE (What the Commonwealth or ASIC does with
the property);
(c) section 601AF (The Commonwealth’s and ASIC’s power to
fulfil outstanding obligations of deregistered company).
Some matters referred to in Co-operatives National Law (ACT) Part 3
Section 16
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(2) For the Co-operatives National Law (ACT), section 453 (e),
a reference in the Corporations Act, section 601AE, to crediting an
amount to a Special Account (within the meaning of the Public
Governance, Performance and Accountability Act 2013 of the
Commonwealth) is taken to be a reference to crediting the amount to
the consolidated revenue fund.
16 Costs of inquiry—the Law, s 530
For the Co-operatives National Law (ACT), section 530 (3) (b)
(Costs of inquiry), the prescribed entity is the Territory.
17 Secrecy—the Law, s 537
(1) For the Co-operatives National Law (ACT), section 537 (4) (c)
(Secrecy), information may be divulged to the following entities:
(a) the Treasurer;
(b) the commissioner for revenue;
(c) the auditor-general;
(d) the ombudsman;
(e) the integrity commission;
(f) a person nominated by a person mentioned in paragraphs (a)
to (d).
(2) For the Co-operatives National Law (ACT), section 537 (6),
definition of former Act, the Cooperatives Act 2002 is specified.
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Section 18
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18 Pecuniary penalty orders—the Law, s 556
For the Co-operatives National Law (ACT), section 556 (2)
(Pecuniary penalty orders), a pecuniary penalty ordered to be paid in
this jurisdiction is to be paid and treated as a civil debt owed to the
Territory.
Note An amount owing under a law may be recovered as a debt in a court of
competent jurisdiction or the ACAT (see Legislation Act, s 177).
19 Registrar of Co-operatives—the Law, s 595
The commissioner for fair trading is designated as the Registrar of
Co-operatives and may exercise the functions of the Registrar of
Co-operatives under—
(a) the local application provisions of this Act; and
(b) the local regulations; and
(c) the Co-operatives National Law (ACT); and
(d) the Co-operatives National Regulation (ACT).
20 Protection of officials from liability—the Law, s 595
(1) An official is not civilly liable for conduct engaged in honestly and
without recklessness—
(a) in the exercise of a function; or
(b) in the reasonable belief that the conduct was in the exercise of a
function.
(2) Any civil liability that would, apart from this section, attach to the
official attaches instead to the Territory.
Some matters referred to in Co-operatives National Law (ACT) Part 3
Section 21
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(3) In this section:
conduct means an act or omission to do an act.
function means a function under—
(a) the local application provisions of this Act; or
(b) the local regulations; or
(c) the Co-operatives National Law (ACT); or
(d) the Co-operatives National Regulation (ACT).
official means—
(a) the Minister; or
(b) the Registrar; or
(c) a public sector official engaged in the administration of the local
application provisions of this Act or the Co-operatives National
Law (ACT).
Note A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including any regulation (see Legislation
Act, s 104).
21 Stamp duty on transfer—the Law, s 620
(1) This section applies if—
(a) a co-operative that transfers its incorporation under the
Co-operatives National Law (ACT), part 4.3 (Mergers and
transfers of engagements), division 2 (Transfer of
incorporation), was before its registration as a co-operative
under that Law a company under the Corporations Act; and
(b) stamp duty had been paid on its incorporation as a company in
relation to the amount of the nominal capital of the company
(or, if the nominal capital was subsequently increased, on the
amount of its nominal capital as increased).
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Section 22
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(2) Any stamp duty paid must be taken into account and included in
assessing the stamp duty payable on its incorporation or registration
in accordance with the transfer.
22 Registration fees—the Law, s 620
No fee is chargeable under any Act for registration of an instrument
executed or registered in relation to a transfer of any property to give
effect to the Co-operatives National Law (ACT), section 413 (Effect
of merger or transfer on assets and liabilities) or section 481 (Effect
of merger or transfer of engagements) in relation to—
(a) a merger of co-operatives; or
(b) a transfer of engagements; or
(c) a transfer of incorporation.
Application of Corporations Act Part 4
Section 23
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Part 4 Application of Corporations Act
23 Definitions—pt 4
In this part:
applied Corporations law means a provision or provisions of the
Corporations legislation, or of an Act, regulation or other instrument
forming part of the Corporations legislation, that this part applies to a
matter as if the provision were a territory law.
Corporations legislation means the Corporations legislation to which
the Corporations Act, part 1.1A (Interaction between Corporations
legislation and State and Territory laws) applies.
declaratory provision means a provision of a territory law to which
this part applies by operation of section 24.
matter includes act, omission, body, person or thing.
modification includes addition, exception, omission or substitution.
24 Provisions to which this part applies
(1) This part applies to a provision if the provision declares a matter to
be an applied Corporations legislation matter for the purposes of this
part in relation to any of the following (whether with or without
modifications):
(a) the whole of the Corporations legislation;
(b) a specified Act, regulations or other instrument forming part of
the Corporations legislation;
(c) a specified provision of the Corporations legislation or of an
Act, regulation or other instrument forming part of the
Corporations legislation.
Part 4 Application of Corporations Act
Section 25
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(2) Subsection (1) does not apply to a provision to the extent that it
declares a matter to be an applied Corporations legislation matter for
the purposes of this part in relation to a provision of the Corporations
legislation, or of an Act, regulations or other instrument forming part
of the Corporations legislation, that already applies to the matter as a
law of the Commonwealth.
25 Effect of declaratory provisions
(1) Subject to this part, a declaratory provision has effect in relation to a
matter as follows:
(a) if the declaratory provision is one to which section 24 (1) (a)
applies—the whole of the Corporations legislation applies to the
matter as if it were a territory law;
(b) if the declaratory provision is one to which section 24 (1) (b)
applies—the Act, regulation or other instrument specified by the
declaratory provision applies to the matter as if it were a territory
law;
(c) if the declaratory provision is one to which section 24 (1) (c)
applies—the provision specified by the declaratory provision
applies in relation to the matter as if it were a territory law.
(2) A provision applied to a matter by a declaratory provision, or taken
by force of section 29 (1) (Implied application of regulations and
other provisions of Corporations legislation) to apply to the matter, is
applied as in force from time to time unless the declaratory provision
applies it as in force at a particular time specified by the declaratory
provision.
Application of Corporations Act Part 4
Section 26
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26 Modifications to applied Corporations law
(1) This part operates to apply a provision of the Corporations legislation,
or of an Act, regulation or other instrument forming part of the
Corporations legislation, as a territory law subject to the following
modifications:
(a) any modifications specified by or under the declaratory
provision;
Note The Co-operatives National Law (ACT), s 15 also modifies the
applied provisions, including modifying references to ASIC and
the gazette.
(b) a reference to the Minister is a reference to the Minister
administering the declaratory provision;
(c) a reference to this jurisdiction is a reference to the ACT;
(d) any other modifications that are necessary or prescribed by
regulation, whether generally or in relation to a particular
applied Corporations law.
(2) Any power to make regulations under an Act containing a declaratory
provision extends to the making of regulations specifying
modifications for the purposes of this part.
(3) Except as provided by subsection (1), definitions and other
interpretation provisions of the Corporations legislation, or of the Act,
regulations or other instrument forming part of the Corporations
legislation, relevant to the applied Corporations law are taken also to
apply to the matter that is the subject of the declaratory provision.
(4) This section has effect subject to the following sections:
(a) section 27 (Conferral of functions on ASIC);
(b) section 28 (Conferral of functions on ACT courts);
Part 4 Application of Corporations Act
Section 27
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(c) section 29 (Implied application of regulations and other
provisions of Corporations legislation);
(d) section 30 (Proceedings for offences).
27 Conferral of functions on ASIC
(1) Neither a declaratory provision nor an applied Corporations law
operates to confer a function on ASIC in relation to the applied
Corporations law unless—
(a) the declaratory provision provides for ASIC to exercise that
function pursuant to an agreement or arrangement of the kind
referred to in the Australian Securities and Investments
Commission Act 2001 (Cwlth), section 11 (8) or (9A) (b)
(Corporations legislation functions and powers and other
functions and powers); and
(b) ASIC is authorised to exercise that function under the Australian
Securities and Investments Commission Act 2001 (Cwlth),
section 11.
(2) If a declaratory provision operates to confer a function on ASIC in
relation to an applied Corporations law, the conferral of that function
is taken not to impose a duty to exercise that function despite anything
to the contrary in the applied Corporations law.
28 Conferral of functions on ACT courts
An applied Corporations law that confers a function or duty on a court
or on the Court is taken to confer that function or duty (along with the
jurisdiction to exercise that function or duty) on the Supreme Court
or such other court of the ACT specified by or under the declaratory
provision.
Application of Corporations Act Part 4
Section 29
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29 Implied application of regulations and other provisions of
Corporations legislation
(1) Unless a declaratory provision provides otherwise, the following
provisions of the Corporations legislation, or of an Act, regulation or
other instrument forming part of the Corporations legislation, are also
taken to apply to a matter that is the subject of a declaratory provision
as if they were a territory law:
(a) the provisions of any regulations made under the applied
Corporations law;
(b) any provision of the Corporations legislation, or of an Act,
regulation or other instrument forming part of the Corporations
legislation, that creates an offence in relation to a contravention
of the applied Corporations law or specifies the penalty for an
offence created by a provision of the applied Corporations law;
(c) the provisions of the Corporations Act, part 9.4B (Civil
consequences of contravening civil penalty provisions) for the
purposes of any provision of the applied Corporations law that
is a civil penalty provision within the meaning of that part.
(2) The regulations may prescribe modifications (whether generally or in
relation to a particular applied Corporations law) of any of the
provisions that are also taken to apply to a matter by force of
subsection (1) for the purposes of that application.
30 Proceedings for offences
(1) Proceedings for an offence against an applied Corporations law may
be dealt with as an offence against a territory law.
(2) For the purposes of an offence against an applied Corporations law—
(a) the amount of a penalty unit specified in relation to the offence
by the applied Corporations law, or a provision taken by force
of section 29 (1) to apply to the matter that is the subject of the
declaratory provision, is $100; and
Part 4 Application of Corporations Act
Section 31
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(b) territory laws apply in relation to the offence as if the applied
Corporations law, or a provision taken by force of section 29 (1)
to apply to the matter that is the subject of the declaratory
provision, were a territory law.
(3) Without limiting subsection (2) (b), the territory law referred to in
that subsection as applying in relation to an offence include laws with
respect to the following:
(a) the investigation and prosecution of offences;
(b) the arrest, custody, bail, trial, finding of guilt and conviction of
persons charged with offences;
(c) proceedings relating to a matter referred to in paragraph (a)
or (b);
(d) the classification of offences as indictable or summary;
(e) appeals and reviews relating to criminal proceedings and to
proceedings of the kind referred to in paragraph (c);
(f) the sentencing, punishment and release of persons found guilty
or convicted of offences;
(g) fines, penalties and forfeitures;
(h) confiscation of the proceeds of crime.
31 Application of Corporations legislation by other means
Nothing in this part prevents a territory law from applying any
provision of the Corporations legislation, or of an Act, regulations or
other instrument forming part of the Corporations legislation, as a
territory law otherwise than by means of a declaratory provision.
Miscellaneous Part 5
Section 32
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Part 5 Miscellaneous
32 Rules of co-operatives formed to carry on club may
restrict voting rights
(1) This section applies to a co-operative that has as a primary activity
the operation, maintenance or carrying on of a club.
(2) The rules of the co-operative may provide for different classes of
membership, and restrict the voting rights attaching to membership
of those different classes, only if—
(a) the Registrar approves of the provision; and
(b) the membership of the class or classes entitled to full voting
rights constitutes at least 40% of the total membership of the
co-operative.
(3) A rules provision mentioned in subsection (2) may be amended only
with the prior approval of the Registrar.
33 Proceeding for offences
(1) A proceeding for an offence is to be disposed of summarily in the
Magistrates Court.
(2) A proceeding for an offence under the local application provisions of
this Act may be commenced—
(a) not later than 5 years after the alleged commission of the
offence; and
(b) only by the Registrar or a person authorised, in writing, by the
Registrar to commence proceedings.
Note The Co-operatives National Regulation (ACT), s 551 and s 552 deal with
commencing proceedings for an offence under that Law or the
Co-operatives National Regulations.
Part 5 Miscellaneous
Section 34
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(3) In this section:
offence means an offence under—
(a) the local application provisions of this Act; or
(b) the local regulations; or
(c) the Co-operatives National Law (ACT); or
(d) the Co-operatives National Regulation (ACT).
34 Proceeding for recovery of fines or penalties under
co-operatives rules
A proceeding for the recovery of a fine or penalty imposed by the
rules of a co-operative may be commenced—
(a) in the Magistrates Court; and
(b) only on application by the co-operative.
35 Regulation-making power—local regulations
(1) The Executive may make regulations (the local regulations) for—
(a) the local application provisions of this Act; and
(b) the Co-operatives National Law (ACT).
(2) A regulation may make provision in relation to—
(a) the administration of the Co-operatives National Law (ACT);
and
(b) procedural matters relating to any aspects of the Co-operatives
National Law (ACT); and
(c) without limiting paragraph (a) or (b), administrative matters
relating to the supervision and inspection of co-operatives.
Miscellaneous Part 5
Section 35
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(3) A regulation may create offences and fix maximum penalties for the
offences of not more than the amount mentioned in the Co-operatives
National Law (ACT), section 612 (5) (Power to make Co-operatives
National Regulations).
Schedule 1 Modifications—Co-operatives National Law
Modification [1.1AA]
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Schedule 1 Modifications—Co-operatives
National Law
(see s 7)
[1.1AA] Section 4, new definition of disallowable instrument
insert
disallowable instrument—see the Legislation Act 2001 (ACT),
section 9.
[1.1] Section 15 (2) (f)
substitute
(f) a reference in the applied provisions to notification (however
described) in the Gazette is to be read as a reference to
notification under the Legislation Act;
[1.1A] Section 26 (1) (b) (ii)
substitute
(ii) determined by the Minister by disallowable instrument;
and
[1.1B] Section 31 (b) (ii)
substitute
(ii) determined by the Minister by disallowable instrument;
and
[1.1C] Section 37 (b) (ii)
substitute
(ii) determined by the Minister by disallowable instrument;
and
Modifications—Co-operatives National Law Schedule 1
Modification [1.1D]
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[1.1D] Section 57 (2) (b)
omit
(b) prescribed by the local regulations;
for obtaining a copy of the rules from the Registrar.
substitute
(b) determined by the Minister by disallowable instrument;
for obtaining a copy of the rules from the Registrar.
[1.1E] Section 57 (3) (b)
substitute
(b) determined by the Minister by disallowable instrument.
[1.2] Section 88 (1), penalty
omit
or imprisonment for 6 months, or both
[1.3] Section 88 (2), penalty
omit
or imprisonment for 6 months, or both
[1.4] Section 90 (1), penalty
omit
or imprisonment for 6 months, or both
[1.5] Section 92 (1), penalty
omit
or imprisonment for 3 months, or both
Schedule 1 Modifications—Co-operatives National Law
Modification [1.5A]
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[1.5A] Section 92 (8) (b)
substitute
(b) determined by the Minister by disallowable instrument.
[1.5B] New section 214 (1) (a) (v)
insert
(v) any disallowable instrument made under this Law;
[1.5C] Section 214 (5) (b)
substitute
(b) determined by the Minister by disallowable instrument.
[1.5D] Section 243 (2) (c) and note
substitute
(c) be accompanied by the filing fee:
(i) prescribed by the National Regulations, unless
subparagraph (ii) applies; or
(ii) determined by the Minister by disallowable instrument.
Note See section 444 (4) (a) regarding the period within which a special
resolution must be filed with the Registrar in connection with the
voluntary winding up of a co-operative.
[1.6] Section 252 (1), penalty
omit
or imprisonment for 3 months, or both
[1.7] Section 252 (2), penalty
omit
or imprisonment for 3 months, or both
Modifications—Co-operatives National Law Schedule 1
Modification [1.8]
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[1.8] Section 286 (4), penalty
omit
penalty units or imprisonment for 3 months, or both
[1.9] Section 287 (1), penalty
omit
or imprisonment for 3 months, or both
[1.10] Section 340 (1), penalty
omit
or imprisonment for 6 months, or both
[1.11] Section 340 (2), penalty
omit
or imprisonment for 6 months, or both
[1.12] Section 453 (e)
omit
(within the meaning of the Financial Management and
Accountability Act 1997 of the Commonwealth)
substitute
(within the meaning of the Public Governance, Performance and
Accountability Act 2013 (Cwlth))
[1.12A] Section 522 (4) (b)
substitute
(b) determined by the Minister by disallowable instrument.
Schedule 1 Modifications—Co-operatives National Law
Modification [1.13]
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[1.13] Section 570
substitute
570 Operation of Part—appeal means review
A reference in this part to an appeal against a decision of the Registrar
means a review of the decision.
Note Decisions are reviewed under the ACT Civil and Administrative Tribunal
Act 2008, pt 4A.
[1.14] New section 578 (4)
insert
(4) In this section:
rules of the designated tribunal means the ACT Civil and
Administrative Tribunal Act 2008.
Note A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including any regulation (see Legislation
Act, s 104).
[1.15] Section 601 (5), definition of prescribed fee, paragraph (b)
substitute
(b) determined by the Minister by disallowable instrument.
[1.16] Section 604 (b)
omit
(ii) prescribed by the local regulations;
has been paid.
substitute
(ii) determined by the Minister by disallowable instrument;
has been paid.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• ACT
• auditor-general
• commissioner for fair trading
• commissioner for revenue
• Corporations Act
• director-general (see s 163)
• disallowable instrument (see s 9)
• instrument (see s 14)
• integrity commission
• magistrate
• Minister (see s 162)
• notifiable instrument (see s 10)
• ombudsman
• police officer
• public employee
• public servant
• public trustee and guardian
• Supreme Court
• territory law
• Treasurer.
applied Corporations law, for part 4 (Application of Corporations
Act)—see section 23.
Co-operatives National Law means the Co-operatives National Law
set out in the appendix to the Co-operatives (Adoption of National
Law) Act 2012 (NSW).
Dictionary
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Co-operatives National Law (ACT) means the provisions applying
because of section 7 (1).
Co-operatives National Regulation (ACT) means the provisions
applying because of section 7 (2).
Co-operatives National Regulations means the Co-operatives
National Regulations made under the Co-operatives National Law.
Corporations legislation, for part 4 (Application of Corporations
Act)—see section 23.
declaratory provision, for part 4 (Application of Corporations Act)—
see section 23.
local application provisions of this Act means the provisions of this
Act other than—
(a) the Co-operatives National Law (ACT); and
(b) the modified text of the Co-operatives National Law (ACT) in
schedule 1.
local regulations—see section 35.
matter, for part 4 (Application of Corporations Act)—see section 23.
modification, for part 4 (Application of Corporations Act)—see
section 23.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Co-operatives National Law (ACT) Act 2017 A2017-8
notified LR 4 April 2017
s 1, s 2 commenced 4 April 2017 (LA s 75 (1))
remainder commenced 1 May 2017 (s 2)
as amended by
Justice and Community Safety Legislation Amendment
Act 2017 (No 3) A2017-38 pt 4
notified LR 9 November 2017
s 1, s 2 commenced 9 November 2017 (LA s 75 (1))
pt 4 commenced 16 November 2017 (s 2 (1))
Integrity Commission Act 2018 A2018-52 sch 1 pt 1.3 (as am by
A2019-18 s 4)
notified LR 11 December 2018
s 1, s 2 commenced 11 December 2018 (LA s 75 (1))
sch 1 pt 1.3 commenced 1 December 2019 (s 2 (2) (a) as am by
A2019-18 s 4)
Integrity Commission Amendment Act 2019 A2019-18
notified LR 14 June 2019
s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
s 3, s 4 commenced 15 June 2019 (s 2 (1))
Note This Act only amends the Integrity Commission Act 2018
A2018-52.
Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.41
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 4 pt 4.41 commenced 6 December 2025 (s 2 (5))
Endnotes
Amendment history 4
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Exclusion of Legislation Act
s 8 am A2017-38 s 10; ss renum R2 LA
Designated instrument—the Law, s 4
s 12 am A2025-29 amdt 4.41
Secrecy—the Law, s 537
s 17 am A2018-52 amdt 1.12; pars renum R3 LA
Repeals and consequential amendments
pt 6 hdg om LA s 89 (3)
Legislation repealed
s 36 om LA s 89 (3)
Legislation amended—sch 2
s 37 om LA s 89 (3)
Regulation-making power—local regulations
s 35 am A2025-29 amdt 4.41
Transitional
pt 10 hdg exp 1 May 2022 (s 58)
Meaning of commencement day—pt 10
s 50 exp 1 May 2022 (s 58)
Exclusion of Legislation Act—Co-operatives National Regulations
s 51 exp 1 May 2022 (s 58)
Saving of operation of Cooperatives Act 2002
s 52 exp 1 May 2022 (s 58)
Registration of co-operatives
s 53 exp 1 May 2022 (s 58)
Minimum paid up amount of shares—the Law, s 78 (4)
s 54 exp 1 May 2022 (s 58)
Entitlements of former members of trading co-operatives—the Law, sch 3,
s 1
s 55 exp 1 May 2022 (s 58)
Entitlement to distribution from business or reserves of co-operative
s 56 exp 1 May 2022 (s 58)
Transitional regulations
s 57 exp 1 May 2022 (s 58)
Endnotes
5 Earlier republications
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Expiry—pt 10
s 58 exp 1 May 2022 (s 58)
Modifications—Co-operatives National Law
sch 1 am A2017-38 ss 11-15; A2025-29 amdt 4.41
Consequential amendments
sch 2 hdg om LA s 89 (3)
Dictionary
dict am A2018-52 amdt 1.13
5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication
No and date
Effective Last
amendment
made by
Republication
for
R1
1 May 2017
1 May 2017–
15 Nov 2017
not amended new Act
R2
16 Nov 2017
16 Nov 2017–
30 Nov 2019
A2017-8 amendments by
A2017-8
R3
1 Dec 2019
1 Dec 2019–
1 May 2022
A2019-18 amendments by
A2018-52 as
amended by
A2019-18
R4
2 May 2022
2 May 2022–
5 Dec 2025
A2019-18 expiry of
transitional
provisions (pt 10)